Page 2 Minutes for Wednesday December 12, 2012 Cranston Zoning Board of Review

Minutes for Wednesday December 12, 2012 Cranston Zoning Board of Review

A meeting of the Cranston Zoning Board in the Cranston City Hall Council Chambers was called to order by Chairperson Christine Cole on Wednesday December 12, 2012 at 6:30 pm. Also present, Curtis Ponder, Steven Carrera, David Imondi, 1st alternate Adam Sepe and 4th alternate Craig Norcliffe. Steven Minicucci, 2nd alternate Lori Carlino and 3rd alternate Sharyn DiFazio were not present. Attorney Stephen H. Marsella was counsel to the Board.

The Board heard the following applications:

1102 CRANSTON REALTY LLC 64 ORCHARD DRIVE CRANSTON RI 02920 AND FOURTEEN FIELD STREET LLC 14 FIELD STREET CRANSTON RI 02920 AND MALCOSAW CO INC 22 FIELD STREET CRANSTON RI 02920 (OWN) AND L/M TACO RI INC 79 NORTH MAIN STREET MANSFIELD MA 02048 (APP)

KEITH D STRICKLAND 3 ANDREOZZI DRIVE BARRINGTON RI 02806 (OWN/APP) 155 OXFORD STREET

NE PROPERTIES INC 400 PONTIAC AVENUE CRANSTON RI 02910 (OWN/APP) 91 Vinton Avenue

HEATHER FORREST 51 BATCHELLER AVENUE CRANSTON RI 02920 (OWN/APP)

GREENBAUM REALTY TRUST LLC 332 COLE AVENUE PROVIDENCE RI 02906 (OWN) AND OCEAN STATE FUNCTIONAL FITNESS LLC 50 FREEWAY DRIVE CRANSTON RI 02920 (APP/LESSEE)

THOMAS AND KIMBERLY SACCO 21 SWEETBRIAR DRIVE CRANSTON RI 02920 (OWN/APP)

OLD BUSINESS

OLDCASTLE APG NORTHEAST INC 1913 ATLANTIC AVENUE MANASQUAN NJ 08736 (OWN) AND LAMAR ADVERTISING 360 WARREN AVENUE EAST PROVIDENCE RI 02914 (APP)

______Stephen W. Rioles Secretary, Zoning & Platting Boards

1102 CRANSTON REALTY LLC 64 ORCHARD DRIVE CRANSTON RI 02920 AND FOURTEEN FIELD STREET LLC 14 FIELD STREET CRANSTON RI 02920 AND MALCOSAW CO INC 22 FIELD STREET CRANSTON RI 02920 (OWN) AND L/M TACO RI INC 79 NORTH MAIN STREET MANSFIELD MA 02048 (APP) has filed an application for permission to leave an existing legal non-conforming commercial building on a proposed 15,000+/- SF [lot 3184] and build a new 2150+/- SF restaurant with drive through on the abutting [lots 2628, 2629, 3181, 3186 and portion of 3184] with restricted frontage, front and side yard set back on an undersized lot at 1102 Cranston Street.. AP 7/5, lots 2628, 2629, 3181, 3184, area 24,235 +/- SF, zoned M-2. Applicant seeks relief from Sections; 17.92.010 Variance, 17.20.120 Schedule of Intensity, 17.28.010 Drive in Uses, 17.72.010 Signage. Robert D Murray Esq. filed 11/05/12.

This application was APPROVED with CONDITION on a motion by C Ponder and seconded by A Sepe and so voted unanimously by the Board. S Minicucci, 2nd alternate Lori Carlino, 3rd alternate S DiFazio and 4th alternate Craig Norcliffe did not vote on this application.

Condition: Maximum height for the freestanding sign is eighteen feet.

Decision: The Board made the following findings of fact based upon the evidence in the record as submitted to the Board and presented at the hearing:

1. The 2010 Comprehensive Plan Future Land Use Map designates this area of Cranston Street as Industrial. 2. The new restaurant will contain 50 seats, requiring 17 off street parking spaces, plus 5 additional spaces for a drive-thru. 3. The proposed drive through lane provides the required 6 stacking spaces from the ordering station. 4. The minimum lot size required in an M-2 zone is 60,000 sq. ft.; however, there are four other industrial uses within the 400’ radius on undersized lots. Page 2 Minutes for Wednesday December 12, 2012 Cranston Zoning Board of Review

5. The proposed drive-thru restaurant parcel on Cranston Street abuts a commercial C-4 zone where drive-thru restaurants are permitted. 6. The opposite side of Cranston Street is zoned C-5, that also permits restaurants with a drive-thru. The Comp Plan also designates that side of Cranston Street as Highway Commercial. 7. The Major subdivision to create the new lots was given a Preliminary approval by the Plan Commission on October 2, 2012, pending the granting of zoning variances. 8. The proposed restaurant has no driveway opening on Cranston Street. 9. The proposed building set back from Cranston Street is 31’. 10. The proposed building’s side yard setback is 15’. 11. The applicant presented testimony from the owner concerning the project and their history of operating the franchise. 12. There was also testimony from a traffic expert concerning the project 13. The overall combined signage request is for 377.3 sq. ft. where the permitted signage area is 300 sq ft. 14. The signage relief requested is for 216 sq. ft. of free standing signs, where 50 sq. ft. is permitted in both industrial and commercial zones. 15. A 15’ height for freestanding signs is permitted by the Zoning Code; the request is for a 25’ high sign. No freestanding signs are on this side of Cranston Street, within several City blocks; therefore, a sign of this height would be out of character with the surrounding area. 16. The Board noted that any trees that currently block a proposed sign would grow therefore the Board discounted the height request for the sign.

In this case, the Board further finds that the application involves a hardship that is due to the unique characteristics of the property, and is not due to a physical or economic disability of the applicant, that the hardship does not result primarily from the desire of the applicant to realize greater financial gain, will not alter the general character of the surrounding area or impair the intent or purpose of the Zoning Ordinance or the comprehensive plan, is the least relief necessary, and that the Board finds that the applicant has met their legal burden with respect to the requirements necessary for the applicable relief. In conclusion, the Board unanimously voted to grant with conditions the requested relief from Sections; 17.92.010 Variance, 17.20.120 Schedule of Intensity, 17.28.010 Drive in Uses, 17.72.010 Signage.

KEITH D STRICKLAND 3 ANDREOZZI DRIVE BARRINGTON RI 02806 (OWN/APP) has filed an application for permission to convert an existing single family dwelling back to a two-family dwelling with restricted front and corner side yard setback on an undersized lot at 155 Oxford Street.. AP 7/4, lots 1021, area 5,000 +/- SF, zoned B-1. Applicant seeks relief from Sections; 17.92.010 Variance, 17.20.120 Schedule of Intensity. No attorney. filed 11/13/12.

This application was APPROVED on a motion by S Carrera and seconded by C Ponder and so voted unanimously by the Board. S Minicucci, 2nd alternate Lori Carlino, 3rd alternate S DiFazio and 4th alternate Craig Norcliffe did not vote on this application.

1. The dwelling was originally a two-family dwelling, as shown on the 1965 Zoning Maps. 2. There are 68 single family and 14 two family dwellings within the 400’ zoning radius. 3. The average lot size for those 14 two family dwellings is 6,325 sq. ft., which is 1,325 sq. ft. bigger than the applicant’s lot. 4. The street, corner yard setbacks of 7.5’ and 6.8’ are existing. 5. The site plan shows 6 double stacked parking spaces. 6. 42 of the 68 single family houses in the radius are on 5,000 sq. ft. lots. 7. The applicant testified that a kitchen was removed in 2010 without his permission or knowledge.

In this case, the Board further finds that the application involves a hardship that is due to the unique characteristics of the property, and is not due to a physical or economic disability of the applicant, that the hardship does not result primarily from the desire of the applicant to realize greater financial gain, will not alter the general character of the surrounding area or impair the intent or purpose of the Zoning Ordinance or the comprehensive plan, is the least relief necessary, and that the Board finds that the applicant has met their legal burden with respect to the requirements necessary for the applicable relief. In conclusion, the Board unanimously voted to grant the requested relief from Sections; 17.92.010 Variance, 17.20.120 Schedule of Intensity.

NE PROPERTIES INC 400 PONTIAC AVENUE CRANSTON RI 02910 (OWN/APP) has filed an application for permission to leave an existing legal non-conforming single family dwelling with restricted frontage and corner side yard set back on an undersized 5,000+/- SF [lot 515] and build a new 34’ X 32’ two-story single family dwelling on the abutting undersized 5,000+/- SF [lot 516] at 91 Vinton Avenue. AP 18/4, lots 515 & 516, area Page 3 Minutes for Wednesday December 12, 2012 Cranston Zoning Board of Review

10,000 +/- SF, zoned A-6. Applicant seeks relief from Sections; 17.92.010 Variance, 17.20.120 Schedule of Intensity, 17.88.010 Substandard lots of Record. No attorney. filed 11/9/12.

This application was APPROVED on a motion by S Carrera and seconded by C Ponder and so voted unanimously by the Board. S Minicucci, 2nd alternate Lori Carlino, 3rd alternate S DiFazio and 4th alternate Craig Norcliffe did not vote on this application.

1. The applicant presented testimony to the Board about the proposed dwelling. 2. An expert for the applicant also testified as to the characteristic of the neighborhood. 3. Excluding the applicant’s property, the average lot size for the 10 dwellings located on the same City block is 7,000 sq. ft. 4. Excluding the applicant’s property, the average frontages for the 10 dwellings on Vinton Ave. located within the 400’ radius is 82.5 feet. 5. The site plan submitted shows the proposed new house can meet all required front, side and rear yard setbacks. 6. The Board noted that the proposed construction was to be on a platted lot. 7. The Board accepted the testimony that the home would not be contrary to the comprehensive plan 8. The Board noted that all the requested relief was dimensional in nature.

In this case, the Board further finds that the application involves a hardship that is due to the unique characteristics of the property, and is not due to a physical or economic disability of the applicant, that the hardship does not result primarily from the desire of the applicant to realize greater financial gain, will not alter the general character of the surrounding area or impair the intent or purpose of the Zoning Ordinance or the comprehensive plan, is the least relief necessary, and that the Board finds that the applicant has met their legal burden with respect to the requirements necessary for the applicable relief. In conclusion, the Board unanimously voted to grant the requested relief from Sections; 17.92.010 Variance, 17.20.120 Schedule of Intensity, 17.88.010 Sub-standard lots of Record.

HEATHER FORREST 51 BATCHELLER AVENUE CRANSTON RI 02920 (OWN/APP) has filed an application for permission to build a 26’ X 31’+/- two story addition to an existing two family dwelling with restricted front yard set back at 51 Batcheller Avenue.. AP 8/1, lots 248 & 249, area 10,000 +/- SF, zoned B-1. Applicant seeks relief from Sections; 17.92.010 Variance, 17.20.120 Schedule of Intensity. No attorney. filed 10/22/12.

This application was APPROVED on a motion by S Carrera and seconded by A Sepe and so voted unanimously by the Board. S Minicucci, 2nd alternate Lori Carlino, 3rd alternate S DiFazio and 4th alternate Craig Norcliffe did not vote on this application.

1. The existing residential use with density of 8.71 units per acre, is consistent with the 2010 Comprehensive Plan Future Land Use Map that designates this area of the City as Single/Two Family Residential Less than 10.89 units per acre. 2. The applicant’s two-family has an existing front yard setback of 4 ft. The proposed addition will have a front yard setback of 8.49 ft. 3. The existing building with the addition, meets the remaining yard setbacks required in this zone.

GREENBAUM REALTY TRUST LLC 332 COLE AVENUE PROVIDENCE RI 02906 (OWN) AND OCEAN STATE FUNCTIONAL FITNESS LLC 50 FREEWAY DRIVE CRANSTON RI 02920 (APP/LESSEE) have filed an application for permission to operate a health club/personal training facility at 41 Webb Street. AP 10/4, lots 789, area 18,123 +/- SF, zoned M-2. Applicant seeks relief from Sections; 17.92.010 Variance, 17.20.120 Schedule of Intensity. Susan G Pegden Esq. filed 11/9/12. Page 4 Minutes for Wednesday December 12, 2012 Cranston Zoning Board of Review

This application was APPROVED on a motion by C Ponder and seconded by D Imondi and so voted unanimously by the Board. S Minicucci, 2nd alternate Lori Carlino, 3rd alternate S DiFazio and 4th alternate Craig Norcliffe did not vote on this application.

1. The 2010 Comprehensive Plan Future Land Use Map designates this area of the City as Industrial. The proposed application is for a commercial/service use which is not consistent with the Comprehensive Plan. 2. There are 18 industrial and 4 commercial uses located within the 400’ Radius. All are located within the industrial zone. 3. In 2007, the Zoning Board granted a variance for an auto parts retail sales business located across the street from the applicant’s property. 4. The property abutting the applicant’s property to the south, received a zoning variance for auto sales and repair in1989. 5. The applicant was granted a variance in 2011 at another location in the Park but has outgrown that location due to increased business and is seeking a larger location. 6. The applicant testified to the significant charitable activity of the company within the community. In this case, the Board further finds that the application involves a hardship that is due to the unique characteristics of the property, and is not due to a physical or economic disability of the applicant, that the hardship does not result primarily from the desire of the applicant to realize greater financial gain, will not alter the general character of the surrounding area or impair the intent or purpose of the Zoning Ordinance or the comprehensive plan, is the least relief necessary, and that the Board finds that the applicant has met their legal burden with respect to the requirements necessary for the applicable relief. In conclusion, the Board unanimously voted to grant the requested relief from Sections; 17.92.010 Variance, 17.20.120 Schedule of Intensity.

THOMAS AND KIMBERLY SACCO 21 SWEETBRIAR DRIVE CRANSTON RI 02920 (OWN/APP) have filed an application for permission to build an 868+/- SF addition to an existing single family dwelling with restricted rear and side yard setback at 21 Sweetbriar Drive.. AP 16/3, lots 918, area 8,000 +/- SF, zoned A-8. Applicant seeks relief from Sections; 17.92.010 Variance, 17.20.120 Schedule of Intensity. Dennis T Grieco II Esq. filed 11/9/12.

This application was APPROVED on a motion by S Carrera and seconded by D Imondi and so voted unanimously by the Board. S Minicucci, 2nd alternate Lori Carlino, 3rd alternate S DiFazio and 4th alternate Craig Norcliffe did not vote on this application.

1. The 2010 Comprehensive Plan Future Land Use Map designates this area of the City as Single Family Residential, 7.26 to 3.64 units per acre. The application and current use is consistent with the Comprehensive Plan. 2. The existing rear yard setback for the house is 39 feet. 3. The proposed 17’ x 26’ addition on the right rear, that contains the master bedroom, will continue an existing restricted right side yard setback of 7.6 ft. for 26 ft., and creates a restricted rear yard setback of 12.95’. 4. The 18’ x 16’ proposed addition for the left rear of the house, that contains the new family room, meets the required rear and side yard setbacks. 5. The rear elevation submitted shows a walkout lower level with double glass sliding doors. 6. The applicant testified that the addition is needed to increase the living area of the home to accommodate an elderly family member. 7. There was no testimony against the application and the requested relief was dimensional in nature

OLD BUSINESS Page 5 Minutes for Wednesday December 12, 2012 Cranston Zoning Board of Review

OLDCASTLE APG NORTHEAST INC 1913 ATLANTIC AVENUE MANASQUAN NJ 08736 (OWN) AND LAMAR ADVERTISING 360 WARREN AVENUE EAST PROVIDENCE RI 02914 (APP) have filed an application for special permit to modify an existing double sided billboard to an electronic double sided billboard at 0 Park Avenue. AP 11-1, lot 1870, area 88,862 +/- SF, zoned M-1. Applicant seeks relief from Sections; 17.92.010 Variance, 17.92.020 Special Permit, 17.20.120 Schedule of Intensity (J), 17.20.030 Schedule of Uses, 17.72.010 (7) Signs. Robert D Murray Esq. filed 10/3/12.

This application was APPROVED on a motion by S Carrera and seconded by A Sepe and so voted unanimously by the Board. S Minicucci, 2nd alternate Lori Carlino, 3rd alternate S DiFazio and 4th alternate Craig Norcliffe did not vote on this application.

1. The 2010 Comprehensive Plan Future Land Use Map has designated this area of Park Avenue as Industrial, therefore the application is not inconsistent with the Comprehensive Plan, as billboards are allowed by special permit in an industrial zone. 2. The Future Land Use Map designates the area abutting the applicant’s right and left property line on Park Avenue, as Neighborhood Commercial. 3. Presently, there are two, 12’ x 25’ double sided billboards on the property, that are 51 feet, 8 inches high, that were installed prior to the City’s 1965 Zoning Ordinance. Those will be removed, and replaced with one new, 10’ x 30’ double sided electronic billboard with changeable copy, also at 51’-8” high. 4. The proposed new double sided electronic billboard will be 600 sq. ft. 5. The proposed billboard is located 459 feet from another billboard further west on Park Ave. 6. The existing billboards are 192’ from the point of intersection of Park Avenue, Budlong Road and Dyer Avenue. The proposed billboard will be at the same location. 7. The Board asked for additional information concerning the safety of the electronic signs on traffic conditions and that was supplied by the applicant and made part of the record.

In this case, the Board further finds that the application involves a hardship that is due to the unique characteristics of the property, and is not due to a physical or economic disability of the applicant, that the hardship does not result primarily from the desire of the applicant to realize greater financial gain, will not alter the general character of the surrounding area or impair the intent or purpose of the Zoning Ordinance or the comprehensive plan, is the least relief necessary, and that the Board finds that the applicant has met their legal burden with respect to the requirements necessary for the applicable relief. In conclusion, the Board unanimously voted to grant the requested relief from Sections; 17.92.010 Variance, 17.92.020 Special Permit, 17.20.120 Schedule of Intensity (J), 17.20.030 Schedule of Uses, 17.72.010 (7) Signs.

Stephen W. Rioles Secretary, Zoning & Platting Boards Ron Ronzio took the stenographic records. The meeting was adjourned at 10:30 PM ______